Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your Payment – You have the option to pay for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or
Appears in 2 contracts
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery for special projects for a limited number of days. In such cases the exhibition will be extended to make up for those days. Payment – You have the option to pay for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orand/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites,
Appears in 2 contracts
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery for special projects for a limited number of days. In such cases the exhibition will be extended to make up for those days. Payment – You have the option to pay for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Note that the balance must be paid in full no later than thirty (30) days prior to the exhibition start date. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orand/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our
Appears in 2 contracts
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or’s
Appears in 2 contracts
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Representation balance must be paid in full no later than two (2) months prior to the exhibition. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orunconditionally
Appears in 1 contract
Sources: Representation Agreement
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Representation balance must be paid in full no later than two (2) months prior to the exhibition. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/or’s
Appears in 1 contract
Sources: Representation Agreement
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orand
Appears in 1 contract
Sources: Representation Agreement
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora is committed to making our exhibitions available to the public; however please note that: A) The gallery space may be unavailable from time to time due to special events and gallery functions. B) Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, C) relocate any exhibition to an alternate space of similar quality. Payment – You have the option to pay for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant Note that you are not currently represented by an agent and/or a gallery the balance must be paid in an exclusive manner and warrant that you are free and able full no later than thirty (30) days prior to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orexhibition start date.
Appears in 1 contract
Sources: Representation Agreement
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agoraexhibiting with AGI Fine Art, but you may not exhibit or sell the same works of artart which have been selected for the exhibition. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora AGI Fine Art will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora AGI Fine Art in connection with this Agreement. Scheduling – Agora AGI Fine Art is committed to making our exhibitions available to the public; however please note that: A) The exhibition space may be unavailable from time to time due to special events and functions. If such a circumstance occurs the exhibition will be extended to make up for any lost day. B) AGI Fine Art retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (C) relocate any exhibition to an alternate space of similar quality. Payment – You have the option to pay for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when Your exhibition is not confirmed until we receive this signed Agreement, Agreement and the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora AGI Fine Art to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora AGI Fine Art and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to AgoraAGI Fine Art’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora AGI Fine Art will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora AGI Fine Art and/or its respective agents, employees, representatives, owners and/orand/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our only liability will be to refund the representation fees. We are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. that may affect the display of your artwork.
Appears in 1 contract
Sources: Exhibition Agreement
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries that are located outside of Chelsea, New York City, while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your exhibition to a later date, (b) relocate any exhibition to an alternate space of similar quality, and (c) close the gallery at an earlier time when special events such as cocktail and reception parties are held at the gallery. Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Representation balance must be paid in full no later than two (2) months prior to the exhibition. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orunconditionally
Appears in 1 contract
Sources: Representation Agreement
Additional Terms & Conditions. Representation Term – The term of your representation is for one year from the date that we receive the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit or sell the same works of art. Limitation of Liability – By signing this Agreement you warrant and represent that you are eighteen (18) years of age or older and of full legal capacity to enter into all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora in connection with this Agreement. Scheduling – Agora retains the right to (a) reschedule and/or postpone or curtail an exhibition and/or any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible and will reschedule your Payment – You have the option to pay the for Agora’s services in full or on a monthly installment plan. You must include the first payment of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be made in a timely manner on the due date. Failure to make consecutive and timely payments will could result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreement, the first installment payment or payment in full. Art Representation Consent – You represent and warrant that you are not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants or other agreements or obligations preventing or interfering in any manner with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of or relating to Agora’s representation of you, including your breach of the representations, warranties and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orand/or officers relating to any claims of infringement of your intellectual property or other rights by them or third parties during, and after, the term of the Agreement. Please note that we may terminate this agreement at any time for any reason and our
Appears in 1 contract
Sources: Representation Agreement
Additional Terms & Conditions. Representation Term – The term Internet Site and Online Exposure - Please note that we are not liable for any matters related to the Internet sites, including, and without limitation; outage; downtime; server and network issues; etc. Filming and Video Recording Rights - From time to time, photographs and/or video recordings may be made in the fair, which recordings may include images of your representation is for one year from artwork. You hereby consent to allow the date use of such images to promote the exhibition. Errors and Omissions - You agree that we receive AGI Fine Art will not be liable in the signed Agreement and payment. Non-Exclusive – You may be represented by other galleries while represented by Agora, but you may not exhibit event of any errors or sell omissions in the same works of artShow's catalog directory or in any related materials. Limitation of Liability – By signing this Agreement -In the event the cancellation of the art fair or of the cancellation of AGI’s participation in the event you warrant and represent will be provided with a refund which will be equal to the amount paid by You to AGI. In the event that you commence a proceeding, action or lawsuit or assert in any form any claim whatsoever against AGI Fine Art, its agents, employees, representatives, owners and/or officers, in connection with and/or arising from any claims that are eighteen (18) years in any way related to this agreement and/or any acts or omissions arising from AGI Fine Art’s representation of age or older and you and/or AGI Fine Art’s relationship with you in any manner whatsoever, the maximum aggregate amount of full legal capacity damages to enter into which you shall be entitled on all of the terms, agreements and conditions contained in this Agreement, and that your artwork is original and does not infringe the intellectual property or other proprietary rights of third parties. Agora will not claims shall be liable with respect to any subject matter of this Agreement under any contract, negligence, or other theory, at law or in equity, for any amounts aggregating in excess of either (a) the insurance proceeds received in connection with your claim or (b) in the event that your insurance claim is denied for any reason whatsoever and/or is not covered by our insurance policy, no more than the total amount paid by you to Agora AGI Fine Art in connection with this Agreementagreement. Scheduling – Agora retains This Agreement contains the right to (a) reschedule and/or postpone entire agreement between you and AGI Fine Art. Accordingly, this Agreement may not be altered or curtail an exhibition and/or modified in any exhibition related event without notice should an event beyond our control or an unforeseen event occur, including, but not limited to, extreme weather conditions. We will attempt to give prior notice if possible manner whatsoever except by in writing which is duly signed by you and will reschedule your Payment – You have the option to pay for Agora’s services in full or on a monthly installment planAGI Fine Art. You must include the first payment acknowledge that neither AGI Fine Art nor any other party or any agent or representative of the installment plan with the signed Agreement and each subsequent consecutive monthly payment must be AGI Fine Arthas made in a timely manner on the due date. Failure to make consecutive and timely payments will result in the forfeiture of all payments previously made as well as your right to any of the services outlined in this Agreement. Representation begins when we receive this signed Agreementpromise, the first installment payment representation, or payment in full. Art Representation Consent – You represent and warrant that you are warranty whatsoever, express or implied, not currently represented by an agent and/or a gallery in an exclusive manner and warrant that you are free and able to engage Agora to represent you upon the terms contained in this Agreement and that there are no contracts, restrictive covenants concerning AGI Fine Art’s representation of you or other agreements or obligations preventing or interfering in any manner relationship with the terms of this Agreement. You agree to indemnify, defend and hold harmless Agora and its affiliates, shareholders, directors, officers, employees, agents, and representatives from and against any claims, losses, liabilities, actions, complaints, proceedings, costs and expenses (including but not limited to attorney’s’ fees), damages and liabilities arising out of you or relating to Agora’s representation the subject matter of youthis Agreement to induce the execution of this Agreement and that you have not executed this Agreement in reliance upon any promise, including your breach representation, or warranty not contained in this agreement. Jurisdiction - You hereby unconditionally consent to the exclusive jurisdiction of the representationscourts of the state of New York, warranties New York County, and obligations in this Agreement. You confirm that you understand that Agora will promote your artwork on the Internet and in various publications and may also use your name, image and likeness. Accordingly, you hereby release, discharge and unconditionally and irrevocably waive your right to make any claim or complaint of any kind or bring any action or proceeding against Agora and/or its respective agents, employees, representatives, owners and/orNew York law shall apply.
Appears in 1 contract
Sources: Art Fair Agreement